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2017 Supreme(Del) 3893

SANJIV KHANNA, NAVIN CHAWLA
JAHID ALI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: Mr.Chandra Shekhar and Mr.Saad Anwar, Advs.
For the Respondent: Mr.Dev P. Bharwwaj, CGSC

JUDGMENT :

NAVIN CHAWLA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner impugns the order dated 24.12.2014 passed by the Commandant (Medical), MTC, Sashastra Seema Bal, Shimla dismissing the petitioner from service having found him guilty of an offence under section 43 of Sashastra Seema Bal Act, 2007. The petitioner further challenges the order dated 08.09.2015 vide which his appeal against the same was dismissed by Inspector General (Personnel).

2. The petitioner aged about 29 years was appointed as Constable (Nursing Orderly) in Sashastra Seema Bal (hereinafter referred to as SSB) at 14th Bn SSB Jayanagar on 09.07.2012. Thereafter, he was detailed for 06th Basic Medics Course held at MTC, SSB, Shimla w.e.f 30.06.2014 to 01.01.2015.

3. While undergoing 06th Basic Medics Course at MTC Shimla, petitioner sent Short Message Service (SMS) to Dr. X (name is being withheld) on 18.08.2014 at 1252 hrs. The same is quoted herein below:

“I most like you. But I have little experience and don’t know how to express the feelings. You really fairy @ 12.”

4. A series of SMS were thereafter exchanged between Dr.X and the petitioner on the same day, which were

















































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